A. Grounds For Suspension Or Revocation: The business license official may revoke or suspend any massage establishment, sole massage therapist establishment, or outcall massage service license, if the business license official finds:
1. Facts sufficient to support the denial of such license on any ground set forth in section 4-12-10; or
2. The licensee or the licensee's agent, employee, or independent contractor has refused to permit a lawful inspection of its business premises or its operations, or has interfered with city staff in the performance of an inspection such as by threatening them, touching them, or intentionally delaying their entry to the premises of the massage business; or
3. The licensee or the licensee's agent, employee, or independent contractor has engaged in any conduct in connection with the operation of the business that violates the operating requirements set forth in this chapter, any rules or regulations related to massage business operations, or any local, state or federal laws relating to the practice of massage or the operation of a massage business; or
4. The business license official determines that such massage business is being managed, conducted, or maintained without regard for public health or the health of clients or employees, or without due regard for proper sanitation and hygiene.
B. The business license official may not suspend or revoke a massage business license under this chapter until the business license official has issued a notice of business license violation and provided the massage business and the owner of the property upon which the massage business is located an opportunity to be heard and respond as provided in section 4-12-16.
C. Notwithstanding subsection B, the business license official may suspend summarily any massage business license issued under this chapter when, in the judgment of the business license official, a public health hazard requires such summary suspension, or the business license official deems the summary suspension to be in the best interest of the public. The business license official shall provide written notice of such summary suspension to the license holder pursuant to the service defined in section 1-16B-3. No more than three calendar days after written notice of such summary suspension is given, the (3) business license official shall issue a notice of business license violation identifying the alleged acts or failures to act that constitute the basis for the summary suspension, and provide the massage business an opportunity to be heard and respond as provided in section 4-12-16, as to why the summary suspension should end. However, the time for hearing and decision shall be accelerated as follows:
1. Upon a timely request for a hearing, the business license official shall set any requested hearing within fourteen (14) calendar days, unless time is extended by mutual agreement of the affected parties; and
2. The business license official, or designee, who shall have the same authority as the business license official to hear and decide the case, and make any orders consistent with this chapter, shall issue a decision on the summary suspension within seven (7) calendar days after hearing.
D. If the licensee appeals a decision by the business license official or designee upholding a summary suspension, the summary suspension shall remain in effect pending a final decision of the appeal. Where a license is revoked after a summary suspension, the revocation shall be effective immediately and, if the licensee further appeals, shall remain in effect pending a final decision of the appeal. (Ord. 2019-24, 9-10-2019)